A STATE OF THE R I s . E AND P P Q GRES S OF THE DIS PUTES^ L 0 N D 0 N: Printed for EGoreham, next the Leg- favern, in FleeU.Street. 1749. [Price One Shilling.] . A STATE of the RISE and PROGRESS Of TH E DISPUTES with SPAIN. rg'^ HE War we are at prefent engaged ■ in with Spain has rendered our Dif- I putes with that Crown, the ObjeCt q{ all Mens Attention. But the moft attentive and the moft curious are, ' I be¬ lieve, yet at a lols, to account for the furprif- ing Obftinacy of the Court of Spain, to deny ■ our molt evident and indubitable Right to a free Navigation in the American Seas. This Denial rendered all Expectations of an Accom¬ modation by the late Convention ridiculous and abfurd: And the fame Denial has plunged "us into a War, fo fuddenly after that deeming Conclufion of allour Differences. To account for this Obftinacy, nothing can enable us fo well, as an hiftorical Deduction of our Difputes with that Crown, ahd of our Negociations to adjiift them) and it is to be hoped, that as no Diladvaritage can enfue to the" Nation from fetting the Errors of our paft ConduCt now in the cleared: Light y fo the Methods ufed at Home to conceal, to difguife thofe Errors, and even to get them approved,; will not be paft over without the proper Reflections, by any Well-wifher to bis Country. • B Th* The Spaniards begin to be difturbed by the Englijh in their Poffeffion of the Wed Indies hot many Yeats after the Difcovery of. them. by Columbus in 1492 : And yet there appears t no exprefs Stipulation relating to thofe Parts in any pf the Treaties concluded between the Crowns of Great Britain and Spain, before the Year 1667. In that Year a Treaty of Peace and Commerce was concluded between the two Nations: The 8th Article of which grants to the Englijh in both the Indies all that was granted to the States General by their Treaty with Spain made at Munjler in' 1648. It confirms to each Party all the Pof- feffions they held in America at that Time; and prohibits the Subjects of either Confederate, to 1 trade in. any Places pofleffed by the ether in that Part of the World. This. Treaty, however, did not hinder the Englijh from continuing Hoftilities in Ame¬ rica ; where the Spaniards having fuffered ' many and great Loffes, were reduced to fue for, and to purchafe with an Oblivion of all paft Injuries, a new Treaty that Ihould be more effectual. This was granted .them in - 1670, and is what is commonly .called the American Treaty, altho’ itbein Effedt no more than a Renewal of that of 1667. The princi¬ pal Stipulations in it are the: fame with thofe in the Treaty oi. Munjler: A Confirmation of thePofleffiOnspfeach Nation; and a Prohibition ofallTrade between their refpedtive Colonies., But the Peace concluded by ; it was to be faithful-, lyafld fincerely obferved^on both Sides, All \ 3 J ■ All Commerce with the Spanifh Colonies being thus forbid by thefe Treaties, the King of England could no longer complain, if fucn of his Subjects as were found trading on their Goafts, were treated by the Spaniards accord 7 ing to the Severity of their Laws and Ordi¬ nances. The Englijh Subje&s carrying on a Trade there, could not expedt to be proteded in it by their King, nor to be treated, if they were taken, as Prifoners of War by the Spa¬ niards : They knew they would be treated as Smugglers; and as fuch, when they ventured to trade, they took their Precautions. In 1674, the Queen Mother of Spain, gave, by her Cedula of the 2 2d of February , Power to the Governors in the Wejl Indies to ‘ grant ‘ Corlairs Patents to all who fliould demand ‘ them, to fit out Veflels to cruize againft the ‘ Pirates on the neighbouring Coaft. Her Rea- • fonsare. ' ' ■ That the King of France had declared ■ War againft Spain. ‘ That Complaints had been made that Pi- ‘ racies were committed in the American Seas ‘ by the Englijh, who rob’d, kill’d and plun 7 ‘ der’d the Spaniards trading from one Port ‘ to another; and that her Majefty had ob- ‘ ferveid, 'as it is faid in the Cedula, tjiat nor ‘ thing in the Treaty of Peace adjufted with ‘ England m 1670, hindered the Spaniards, in ‘ the /«&r from-defending themfelves from ‘ the Pirates of what Nation foever who fliould ‘attempttoinM their Coaik -. • She likewife accompanied her Cedula with In? Jnftrudions to be inferted in all Corlairs Pa¬ tents, by the 19th Article of which they are not * to do any Thing againft the Englijh contrary * to theArticlesofPeace which treat of Corfairs, Upon this Foot Things remained'a long Time in the Weft. Indies. A Trade prohibited to all Nations has in feme Degree been carried on with the Spani¬ ards by the Subjects of all the trading Nations of Europe \ and the Subjedsof all thefe Nations have been treated according to the SpaniJ). iLaws whenever they have been taken adually car¬ rying on a Trade prohibited by the Treaties between the Countries to which they belong, and the Crown of Spain. To this there is no Objedion, nor has any Objedion been made. The Spans ards employed to cruize upon their Coaft have been often guilty of Exceffes; and when thefe Exceffes have been committed in Cafes, where perhaps the Sufferers could not ffridly juftify their Proceedings,altho’ they have been complained of by many Nations, yet the Complaints feemto have been generally made, piore to comply with Form than to obtain Re^ paration; and Red refs has beenconftantly denied. But the Spaniards finding that the eftablilh- fd Method of trading from Old Spain was not fufficient to fupply the Wants, or at lead: to Satisfy the Defires of .the Inhabitants of their American Colonies, that 'therefore the Temp¬ tation to Foreigners to trade privately on thole Coafts with .great Advantage to themfelves^ tbe SpdniJb Subieds. rnuft neceffarily continue,-and that die Ships let out-to .cover their Coafts, not to infeft the Seas, were un¬ able, to prevent effedtually a Trade carried on by fmallVeffels, armed to defend themfelves, or fitted to make their Efcape, have prefumed to advance a Pretenfion unlupported by Trea¬ ties, and deftru&ive of the Trade and Navi¬ gation of,all Nations in the American. Seas, inftead of taking the proper Methods pradtifed by all Nations, to hinder their own Subjects, over whom they have an abfolute power,'from carrying bn an illicit Trade. Not contented with the Right toconfifcate all Ships found a finally trading on their Coaft, which is implied in the Prohibition of Trade ftipulated by Treaties, they pretend now, that failing within a certain Diftance of their Coajl, fliali be a Proof of an Intention at leaft to trade there jaltho’ by theAngularSitua¬ tion of the different Poffeffions, by the Courfe of Currents and Winds, and by other pecu¬ liar Circumftances, the approaching to the Coaft, in that. Part of the World, is not even a ground of Sufpicion, whatever it might "be in many, others. They pretend likewife that they have a Right to J'earch all Ships failing in thofe Seas, and that the Difcovery of any Commoditiesof theProduceof their Colonies on board of any Ship,is a Proof that fiich Ship has carried on" a prohibited Trade, and is therefore tp be confifcated; whereas even fuppofing thefc Gopds to have been the Return of a prohibite^ Commerce with the Spaniards, it does/npt ■ /ollffd. follow , that after they have been fold in the Colonies of other Nations, and are come in¬ to the Pofieffion of Perfons who have a Right to carry any Commodities through thofe Seas, they ftill remain liable to be vifitedand ieized. Much lefs will it follow, that every Ship, on Board of which fuch Goods may be found, is the fame Ship that traded for them on the Spanifh Coaft: Nay if it fhould prove lo, it cannot be laid, I think, that becaufe a Ship was once concerned in unlawful Trade, Ihe fliall afterwards be feizable whilft Ihe is proceeding on a lawful Voyage, or that the Spaniards have a Right to feize Ships that are not trading on their Coaft, becaufe they have a- Right to prevent a prohibited Trade there. This new and groundlefs Pretention is be¬ come the Principle on which all the Depreda¬ tions of the Spaniards on the Britijh Subjects in America have been committed and juftified. |t may be called new, fince the Pretenfion . was never heard of till the Year 1736, tho’ the Praftice is, I believe, coaeval with the pre¬ fen t aufpicious Admin iftratiom In 1726 it was firft avowed in Memorials fcnt from the Court of Madrid to that of London oh Occafion of a Britijh Squadron fent into th et American Seas, under the Com- tnaiid of Admiral Hofier. Whether this ‘ *.Letter from the Marquis de la Pazio Mr. Stanhope, Sip ; jo i 716, and Letter from the Marquis de tozohuem ^dte'bukedf' ^ ' . Pre^ Pretenfion was not underftood, or whether it was winked at by our Minifters, I prefume not to determine. They who remember the Inftrudtions given to Mr. Ho fitr, may incline, to think that our Minifters were enough un¬ acquainted with Treaties and with Trade, not to know whether the Spaniards advanced a new Pretenfion, or claimed an antient Right. They who remember the whole Conduit of that Expedition, and the other Anecdotsof the fame Year, may. incline to think that our Minifters could not fail to difcern the Nature and Tendency of a Pretenfion never made before, but every Day explained by ,the Pro¬ ceedings of the. Spaniards , tho’ they chofe. to diflemble an Injury they were refolved not to refent. On this Head there may be dif T ferent Opinions; but I dare appeal to the Senfe of the whole Nation, and affirm that there can be no different Opinions on fome other Points which I am going to mention. There is not, there cannot be a Doubt made by.any Man, whether fuch a Pretenfion as this fhould not have been flopped as foon as ftarted; whether the Right of Britain, nay the com¬ mon Right of Mankind, fhould not have been fpecifically and ftrenuoufly afierted, as. foon as this Invafion of it was avowed ; whether, be- fides the Wifdom of checking fuch an Attempt in the firft; Inftances, and not differing fuch an Ufurpation to grow and to acquire by. Time aColour of Right, there could be a,Conjunc¬ ture more capable of roufihg Men, whb paid any any-. Regard to the Honour and In'tereft of their Country, than this was, when Spain fet us at Defiance in Europe as well as America , : and actually befieged Gibraltar ; in a Word, whether we might not have chaftifed the In- iblence.of that Court, and have reduced her by the Force of our real and fuperior maritime Power, to keep within the Bounds prefcribed to her by Treaties, at a much lefs Expence than that of fo many gallant Officers and Sea¬ men as perifhed miferably and inglorioufly in that unmeaning and IhamefulExpedition. On th'efe. Heads, I prefume' to fay, there can be no Difference of Opinion, and yet no¬ thing of this Sort was done, nay the very con¬ trary was done, and to the Difhonour of the Britijh Name, this groundlefs, this imperti¬ nent Pretenfion, has been in Effedt, tho’ not in diredt Terms, admitted by the Minifters of Great Britain j in the whole Courfe 1 of thefc tedious Negotiations, wherewith they have gained Time, the foie Point they meant to gain, and avoided a Decifion, the foie Point they fhould have pufhed to obtain. In all the Memorials that have palled be¬ tween: the two Courts fincetheYear 1726,in all the Treaties that have been made, we have been impofed upon by general farms by the Spa¬ niards^ who offered,arid by our Minifters who accepted them. The Spaniards, .whenever they have pretended 'to make Reftitutiori of Cap¬ tures, have carefully excepted all S hips con - - i : '■ cemed cerned in illicit Trade j And . we have alwayl acquiefced in thefe obfcure Terms, on the ij&i planation of which depends the great Point in Difpute, the Point never regarded bjr thofe who had. theGondudlof our Affairs, and thfe Point never to have been yielded or left fn doubt by them j becaufe it could not be yield¬ ed without giving up at the fame time our whole Trade to the Weft-Indies, and even Out Pofleffion of the valuable Ifland of Jamaicfti nor be left in doubt without rendnng both precarious. However, .after we had wen a- mufed with general Words in the Prelimina¬ ries of 1727, arid in the Adi of th ePaido in 1728 j After oiir Right to an unconfined and uninterrupted Navigation, in the American Seas; had been proved, the Pretenfions of Spain. laid open and expofed, and the dangerous Conference of them, to our Trade made ma- hifeft by the Merchants who applied to the Houfe of Commons in 1728^9, our Mini- fters ftill continued; to amufe the'Nation with general’ an,d uncertain Expreffions;: Foi: we obtained' no more, by the famous Treaty’ of Seville in ,1729.. And about a Month after figning that Treaty, the Spanijh Ministers in the Ced.ula*. for reftoring the Prizes taken frona Otic EngliJh fince.the 22d oi june 1728, O. Si . except all Prizes taken on account of unlaw¬ ful Trade* in thofe Places and Limits which are prohibited by the Laws and'Treaties of ■ : .‘ ; . C Peace - * fiteember i*tb 1729, O. S, V / Plcace and Commerce. From tbisCedula (ren¬ dered insignificant by this Scandalous Excep¬ tion) the Ignorance of our Minifters expe&ed, or at leaft our Minifters pretended to expeft, ponders: In So much that they ordered * Mr. to adjuft with th s Spaniards the proper. Methods oS getting from Jmericatlat Ships that ffiould be reftored by virtue of this notable.Cedula. hut the Spaniardskntw that none were neceflary. TShey. went on fearch - trig and confifcating } and we continued to jjupmit , until the Depredations increaling, the "Merchants were forced to repeat their Appli¬ cation to Parliament in 1730, and then an A'ddrefs to the Crown in General Terms was again Voted, as had been done in 1728, and With the "laine Eiefl;. Our Minifters indeed werC made fenfible that Something fhould be done, and they. propoSed -f 1 that a Convention ihould be made , with Spain concerning thefe Grievances. , , Our Minifter at the Court of Spain ac¬ cordingly .prefen ted a Projetft of a Declaration to'Monf. Patinho %: But finding,that he: ob¬ jected to one part , of it, that prohibited Spain from authorizing their Officers in the Indies to give Commiffions for Guarda Cofta’$ t our fiipple Minifter immediately fubmits, and very readily preSents him with another Pro-, je£f, which in his. Opinion we are told is en- ■ tirely ' * D.*oF'jr. Letter, 25 Dec. 1729. • - * t D. of N. Lett. Attg. 3. 1731. t JV3r.jgyLett.CWf.31O. S. Nov- 241731 0 - S- tirely agreeable to our Treaties, and to flfc Orders that have been fent to the Weft-Indies. This laft Projedt Mr. Patinh faid would palt with lbme few Alterations in the Exprefllorts, and the Marquifs de la Paz likewife approv¬ ed, of it 5 what it produced we fhall fefs prtf- fently. . ; ' • " ' At this Time our Minifters inform Mr. Keene That far from theDiforders ceafing, the Number of Spanijh Privateers, or rather “ Pirates, under the Denomination of Guaria “ C ojla's, increafes daily; and that the Gain “ which the Spanijh Governors in America ” make by countenancing thefe unlawful praef- u tices, and fometimes being themfelves Shaircrs M in the fitting out qf thofe privateers is fuch a “ Temptation, that unlefs the Court of Spain “ takes fome more efledtualMethody as by pu- “ nilhing thofe who have inoft notorioufly of- fended thaf way, and making them anfwer- *' ableforthe Di/orders and Irregularittescovci- mitted by Ships-to which they grant Com- millions,or which are harboured in theirPorts “ with Impunity, there will never be an End of • c the unjuftifiable, and, as it too frequently “ happens, barbarous pra&ices.” And about a Month after * they order Him, “ to obferve to “ the Spanijh Minifters, That a Ship’-s having “ been employed in an unlawful Trade, is a “ pretence that will always bealledged. He “ is to put them in Mind of the undue and “ indeed barbarous Methods ufed by the Cap- C % “ tort r f p. of N. Lett. Nov. 18. 1731. " ‘ * B. of N. Lett. Dec. $. 17)1.' _ \ Jto ) V iofstb procure pretended Proofs of fucKuh- * ( lawful Trade as the putting cbndejtinely Spa? f - nijh Money or Goods on board, and the cajol- V jug fome of theCrew, and even ufingThreats ** andTortureto make them give falJe.Evidence ** againft their Captains and Owners and he is to infift, “ That filch Prafiices may be pre- 44 yeated and punifhed, and where it plainly appear upon the State of the Cafe, that V there is noColoqrfor this Allegation of un- lawful Commerce, the Order .may be pofi- *: tive fer immediate Reftitution.” .. f I havequoted the wry Words ofthefe Let r tcrs, left I fhouldbe a’ccufed by. thofe unac ? quainted with the Hiftory of the prefent Ad, fniniftration, of charging* our Minifters with Negligence too grofs for any Men who under¬ take the Conduct of the Affairs mf a Nation. I fay Negligence^ for is it poffible that their inconceivable Ignorance could proceed from any thing but an utter Contempt, and a confirm¬ ed Neglaft of our commercial Intereft? The Cedula granted in 1729 ought, as we have feen, tq have manifefted to them, that the Practices of the Guar da Cofta'svtexe fo far from ■being Irregularities in the Eyes of the Sp'ani- fir-ds, as they are called in the firft Letter, that they were the very Purpofesfor which they were fitted out, iqConfequence of the Spanijh Pretenfion to feize all Ships concerned in un¬ lawful Trade, and within the Limits prohibited -by Laws and Treaties. The Infufticiency of that Ccduja, and the Continuance of the fame ' Practices ( 13 1 Praftices ought likewife% have convinced them of this. But the Abfurdity of their firft Letter will appear more glaring, if we exa* mine the fecond Ihave quoted: This willfully I explain what they mean by the Irregularities of the Guar da Coftas-, this willfet their Igno¬ rance and their Negligence in their full Light, and will demonftrate that they admitted the infolent Pretenfion of Spain as a Right which Should not be difputed. I This Letter fays, That the undue and indeed I barbarous Methods of the Captors, to put clan- 1 deftinely Spanifti Money or Goods on board Brit- ijh Ships, and to cajole the Crew to gwefalje § Evidence againft their Captain,ought tobepre- | vented. The Spaniards are far from denying $ it, and our Minifters demand no more. They infift upon this, and are fo unhappily ignorant that they infift upon what ought never to have | been demanded s For it is evident, and I ap- I peal to all Mankind for the Truth of it, that 1 by this Demand, a Ship’s having Spanifh Mo- • my or Goods on board, and failing within the | Limits where the Crew are‘Cajoled falfely to | fwear that fhe had failed, are admitted to be :i fufficient Reafons for feizing the Britijh Veflels, | Thefe are the Crimes, the Irregularity is in the I Method of proving them. Why elfe fhould I we demand that this elandeftine Conveyance, | or this falfe Evidence' be prevented ? Were not I ' the having Spanifti Goods on board, and the foiling within Limits, admitted to be Crimes, the putting Spanifo Money and Goods, or Brit- Jy inoffenfivc; and the approaching to the Coaft of Cuba or Hifpaniola would be as inno r cent as coaftipg round Jamaica. It would be ridiculous to infill that the firft fhould not be clandeftinely conveyed on board, or that the Grew Ihould not be cajoled to give falfe Evir dence of thefecond. And Mr. Keen#, s Letter of the I? November 1732, (hews that he under- , flood our Minifters as I do. The Spaniards ftill infilled on their Pretenfion; but by that Letter Mr. Patinho was fo well convinced of the 7 a- fufficiency and Injuftice of fach proofs to con¬ demn our Ships as thofe p/ a little Spaniih Mo¬ ney, or of, [mail Quantities of the Produce 6f‘ the King of Spain's Dominions in America be¬ ing found on board them, that he had already given Orders on . that Head. Cargoes of thefe Goods then were prohibited; and how Ihould the Quantity be known without vifiting all Ships fufpedted of carrying them ? But the Anfwer of our Minifters will ftiew their Opinion beyond all Poffibility of Dilute.. In-the Letter.of Ja-> nuary the iQth 1732-3, they lay, “ It is:exr " tremely to be wilhed, that the Regulations “ propofed might be fettled, particularity this , “ wfiichMr. Patinho has owned to be moll juft " and reafqnable, that no Ship fhall be condemn- ‘‘ ed upon the idle Pretence of her happening “ to haye a /mall Quantity of Snuff and a feist “ Dollars on board, and therefore you. will con- “ tinue.yourlnftances^r that Purpofina^ that £ fome effedual Method may be ufed for keep-: ' ■ " * . “ i“g I “ ing the Guarda Qojla's withitl due Bounds-, ! “ and to prevail with the Court of Spain not to \ “ he fo tenacious of their old Laws, orjealou.sof j “ facilitating an illicit Trade.” Such is the Opt nion of our Minifters. But it is plain the Prac-i tices, the Irregularities, the Diforders to bepre- vented and puniihed, were the Jearcbihg our Ships and condemning them, for carrying any Goods or Ming in any Part of thofe Seas. And thefe Practices were not committed by the Guarda Cofta's only, they were committed by Spanijh Governors and Judges likewife, and were commanded by the Spanijh Minifters. , In January 1732, a Month after the laft of thefe Letters, Mr. J Keene tells us, that he talked in the mojl ferious Manner to Monfieur Watinho. Well j now that theRuin of our Mer¬ chants has made him ferious too, we n;ay hope perhaps forfome tiffed: from his Negotiations Heihewed Monfieur Patinho-, “ that, the Hale “ Excufe of not having Autos, or the clogging “ Claufe, if there has been no unlawful Com - “ mereejfre re fo many Evafions from doing us “ juftice, and this lift was dictating Chicanes ‘ to. thoie whofe Intereft in the Prizes made ‘ fuch an Encouragement unneceffary.” Upon this ferious and true Reprel'entation Wfonfieur Patinho propofed to give a general feduia that Ihould order immediate Satisfitc- ion for ou ; r Complaints, and that the Spanifh governors ihould give Teftimonies of all that I Mr. K. Lett. J«o, 28. 0. S. 1732. .pfied,’ . ( i6 ) palled. And accordingly he gave a Cedula, containing, 1 fays Mr. Keene,- “ftronger and! “ more effectual Orders than I have yet been ** able to procure. Bat I cannot 'get: rid of the “ clogging Claufe, the Exemption of which u they fay would give a Handle totheGover- ,c nors themfelves to follow their Inclination to' “ follow a contraband-Trade.” What ftrongand effectual Orders Mr. Keene, obtained by his ferious Cbnverfation, will ap¬ pear by the Cedulaitfelf] But why he appears fo exalted with itnotwithftanding the clogging Claufe it contained, which, to ufe his own Words, t yMMey 10. I7J». I niards wohld haYe been in the Right to make it, and We to admit it. But when they repeat-* ed their general Expreflion, and to that added, and we admitted,, the Condition of keeping due . ‘Didances , we riot only admitted the general Pretention of the Spaniards, but the particular Method by which they propofed to make that Prctenfloh effedual, and by which they muft inevitably render our Navigation and Trade in that Part" of the World imprafticable. It is Telf-evideiit, that the Spaniards might now, with the Appearance of Reafon on their Side, ground .a Demand Of prefcribing Limits to the Britijb Navigation in the Open Seas upon our Admit* tance of the Condition in this Cedula, . And I dare appeal to any Man of Senfe and Candor, whether the fame Minifters that have admitted one couldobjedtotheother. All weobtained by this Ceduk was, the being hill amufed with Orders, that the Englijh ihoiild not be abufed\ It was perhaps. imagined, that this might im- pofe upon.our Merchants who thought that they had been abufed, when the Spaniards interrupted' their Navigation, vifitedtheif Ships and confiscated their EfFeds; but fearchtng and confifooting remained in the Opinion of the Spaniards, a Right not an Abufe. If our Merchants therefore had flattered themfclves with any Advantage from this Cedula, they Would food have Been convinced of their Er¬ ror. However' theConvention, which I have al¬ ready obferycd, was propofed by our Minifters \ . 10 J to remedy all thefe Grievances, was foon after- Wards concluded. It is called a Declaration, and was figned the 8th of February 1731, by ; the Brittjb and Spdnijb Minifters at Sevile. By this Declaration it is agreed, ‘That whenever ‘ any Spanijh Privateer ihall have Leave to fit * out for Sea, in order to prevent contraband ‘ Trade, putluant to the Laws and Ordinances * of the Indies, Uvhichhave not been derogated ‘ from by the Treaties? they Ihall be obliged ‘ to give Security, inthePrelence oftheGover- ‘ nor of the Place from whence they' Ihall fail, ‘ to be anfwerable for any Damages theymay ‘ unjuftly dccafion; and in Default ofluflicierit Security the Governors themfelves Ihall be an- ‘ fwerable for whatever may happen.’ And his Britannick Majefty promifes to ‘ forbid and * effe&ually to prevent his Ships of War from ‘ conveying or protecting, under any Pretence ‘ whatsoever, Ships carrying on an unlawful * Trade On the Coafts ofhis Cdtbo/ickMaje&y.’ This Declaration, being producedby the laft Effort of our Minifters, deferves to be confix dered with Attention. ' And I fhall therefore makefome Obfervations upon it. In the firft Place it is very obvious, that the Stipulations here, general and weak as they are, concern only the Behaviour of the Spaniards in the Execution of their Pretention.. It is therefore evident, that here the Pretenfion of the Spaniards is once more admitted ; the only Reftraint laid upon their Guar da CoJIa’s is to find Security tone anfwerable for any Damages ■V. .' they.* ( ip ) . _ - they may unjuftly occafion; but the. Principle which is to decide what is unjuft and what not, is left unfettled, and therefore the preten¬ ded Right of the Spaniards is left the unconteft- ed Rule of their Proceedings. Secondly, the Spaniards give no Security againft fucn perfonal Cruelties as they had ex- ercifed pftenon the Subjeds of Britain and in which the honeft Merchants and Mariners had been treated like Pirates, by Spaniards who were themfelves Piratesnay, by Subjeds of Great Britain, who would be hanged for for¬ mer Piracies, if they came home, and nave been fince employed by the Spaniards to commit thefe Depredations. Thirdly, by this Declaration we folemnly admit of Regulations of which we know no¬ thing. The Laws and Ordinances of the In¬ dies we know not what they aire, .and the Spa¬ niards may make them Ipeak at any Time Whatever Language ferves their prefent Put- pofe. We have feenby the Spanijb Cedulai, that thefe Laws, pointed out certain Places,. Limits and proper pittances for: our-Naviga¬ tion, and we here exprefsly,’ignorantly arid meanly' coiifent that the Guards Cofta’s lhall adaccbrdirig to thefe Laws. ' ■“ ' 1 Fourthly, Thefe Laws are not only a Rule unknown to us, 'changeable at the'Will of the Spaniards, aridtherefore purely arbritary; but a Rrile which it is againft the Laws of Nations arid the very'Didates of-conunon Senfe toad- Mt. Beeatife,’ ■:although when, a Subjed of ' ~ another t ( 10 ) another Nation trades with them, and is in their Country, he is fubjed no Doqbt to all their domeftick Regulations, unlefs exempted from any of them by particular Stipulations, and he ought to be fo, yet thole domeftick Regulations jhall not be extended to affed that Subjed of another Country when he is not in theirs. Fifthly, Nor only ourMinifters admitted this new, unjuft, and in its Confequences ruinous, Pretenfion of the Spaniards ; but they departed from the only Meafure they ever ieemed in¬ clinable to take, that might in any Degree ap¬ pear favourabble to theSubjeds of Great Bri¬ tain. To allow Spanijb Men of War to cruize on our Merchant Men and interrupt our Navi¬ gation, was to giveupfcandaloufly thelntereft and Honour of the Nation; yet to flipulate, that this ’ fliould be done by Men of War, un¬ der the Commiflion of the King oiSpain, in- Itead of continuing to be done by Privateers, ■ fitted out and commiflionedby Spanijb Gover¬ nors in the Weft-Indies, might leern to carry fome Regard to the good Treatment at leaftof Bntiftj Merchants and Mariners concerned in this Navigation, This they did, or rather made a Jhewof doing: for they departed frorq it, as we have ieen, on the firft Difficulties made by the Spanijb Minifter, Tatiubo ; and rather than not have fomething to amufe Mankind at home, and get over another Seffion ofPar- liament,they abandoned their fellow Subjeds £Q the Cruelty and Avarice of Pirates worfe ( « ) than any of thofe' who are confelfedly iucb, and who luffer as foch whenever they, are taken. Thefe are, and are reputed common Enemies, Hoftes human generis, all Nations *run upon them, they have no Pretence of An? thority or Right to exercife the Hoftilities they commit, no AJylum, no Place of Refuge to retire to, when they have committed them; thoie, as real Pirates as theie, are commiffion- jed by Men fomewhat worie than Pirates, and who yet, to the Shame of Government, de¬ prive from a Crowned Head the Authority by |which they fend out thefe Robbers and Aflafc |fins to infeftthe Seas.. ■ | Hard as thefe Terms are, they will juftify Ithemfelves to every Man who compares the ‘Violences and Cruelties 'committed by the Guar da Gojia's under the Commiflions' given [them by the Spanijh Governors, with thofe | which we find recorded in the Hillories of | any modern or antient Pyrates. Cruelties in I Ihort which can be parallel’d by nothing but I what that barbarous Nation committed again!!; j the -Indians when they conquered thofe Coum tries; whereof no. other. Teftimony needs be [fought than that of Bartolomeo della CafaxcA [other Spaliijb Authors. Thefe.Cruelties were ftopt indeed when the whole Species of Na- 1 lives inmoft ofthe firft Settlements was almolfc deftroy’d. After giving a Loofe, for more than, [40 Years, tb the Inhumanity, of the Sfanijb Nation, fome Reftraintwas put upon it, and Charters in fome Degree favourable to the Indians were granted. The Indians were left no longer to the Mercy of the Spaniards. But the Subjects of Britain are left by the Minifters of Britain doubly at Mercy, at the Mercy of the cruel Character, infolent Tem¬ per, and arbritary Will of Spanijh Governors who give the Commiffions, and are to be Gainers by the Spoils, and of the. Scum of all Nations to whom thele Commiffions are given, and whom they let loole to rob, to ipoil, to murther, nay to torture. We have leen that our Minifters were lb far from afferting the Right of Britain againft the Pretenfion of Spain, which they mould have done in the plaineft andftrongeft Terms, not only on the Avowal of fuch a Pretenfion by the Spaniards, but on the veryfirft Sulpi- cion that any luch Pretenfion might be let up, that they continued weakly and tamely to liibmit to it. And we have obferved that the. Spaniards wanted no more. They had aflerted their Pretenfion as a Confequence of the Prohibition of all Trade with their Ame¬ rican Dominions, and they continued to adt as if they had the Right to which they pre¬ tended. The Declaration, we have feen, was ligned in February 173%, and in the Demands made by the SpaniJb Qommfimzs at Sevile in * A- ^>r// following, they formally infilled, ‘ that as J the Britijb Subje&s, under Pretence of going ‘ to their own Colonies, carry on an uiiiawfhl ‘ Trade to the Ruin of the Flota’s, Galleons, ‘ and Regifter Ships, their Ships failing through ‘ thole Seas fhall obierve theCourfe they ought ‘ to fleer to avoid Hoftilities.’ But. to this De¬ mand we gave no Anfwer, and they were far from requiring any; for whilft they were artful¬ ly endeavouring to convert this pretenfion in¬ to a Right, every Thing that had the Air of Acquielcence afforded Arguments for their pur- pofe. We have already obferved likewife, that the Treaties made by our Minifters were defigned only to amufe the Nation; and certain it is, they had no other Effe ‘ • J-D. of N. Lett. Vic. jy. 1737. Britijk Eritijb Ships in their Paffage hath Britain td her Golonies. And What is this but to acknow¬ ledge ad abfolute Dominion in the Crowd of Spain over the American Seas ? The King of Great Britain muff have lubmitted in this Cafe to fuch ah Indignity in the Weft Indies, as pri- VateMerchmts,i?r/ri^and^«rfh,woxridneVer ftibmit to in th tEafi Indies, when the Tcrta- guefe above a Century ago pretendedto fuffer hoNaviffiitiofl thereexecpt under their PaispoirtSi Yet thus our Mittifters proceeded; and which is almoft incredible, after they had coafejfed that they knew the Spamjh Complaint of illi¬ cit {Trade was an evafive Anlwer only; and after that they had lamented, that hr all the Spanijh Cedulas, there was no getting rid of that eloging Claufe. A clogging Claufe indeed it had proved in the Reparation jfuftly due to our Merchants: A Claufe, which our Minifters -might have perceived (as every Body elfe did) had rendered all the Cedillas obtained, in par¬ ticular Cafes, ineffectual, and mult continue to do fo r as long as the Point, upon which the Whole Dilpute turned, ^remained undecided. But this is not all ; .fomething moremon- ltroUS remains to be tofd. The Expedients they propofed were pitifel; and mean^. dilho- nourable and deftruaive. But the Admijfion they made by their Declaration in 1732;, was worfe. Nb Enemy of Great Britain would, have urged any Thing more to our Difad van¬ tage, in the Courfe of Inch a Negotiation. For in that Declaration’, (as if they meant to furnilh new Reafons to the Spanijh Minider to refufe, what they lamented they could not obtain) they not only admitted formally that * a mod: notorious illicit Trade was carried on by the Britijh SubjeCts.in America , but that thefe Traders were protected in this Breach of Trea¬ ty by the Britijh Ships of. War. Such an Ad- miffion could not,have.been made at any Time,, nor in. any. Manner, by Minifters' who knew what they were about, and who had a national End in their Negotiation; or if it had flipt inadvertently, from.them, yet as. the fup- pofed Protection of BritiJh.Shi’ps of War to Britijh Smugglers could not be more injurious to the Spaniards than their Pretenfion is to the -Britifh fair Trader, and to the Freedom, of our Navigation, the'Prohibition of the Firll ought to have been attended at lead, by a Dif- avowal of the Second. . Nothing of this Nature was done. Our Miniders’gave up the Caufe of their Country, often ; they. afferted it, never; However, at lad, in January 1737-8,. they perceived or feemed to perceive the whole Ridichle of the Spanifh Complaint, as.it was urged for a Reafon.to.fupport the Pretenfions ' of that Crown. They complained then*/ that ‘ the preyenting.thei?«///J.Subjedls from car-. rying.onan illicit,Trade, wasmade a Sort of. ‘ Condition of the King, of Spain’s not fuffer- Lttt.'D. of N, January 1737-8. F ‘ing.* is the Parliament defired, the King promifed, the Honour and Intereft of the Nation de¬ manded? Tfiefe' ugly Symptoms gave early Sufpicion to many Perfons, that Meafures Would be altered rather in Appearance than Reality; and that the fame Projedfe of Amufe- ment and Banter would be continued. But the Generality could not perfuade themfelves that the Minifters would negleft an Opportu¬ nity of retrieving their former Errors by exert¬ ing an honeft ■ Vigour in the Caufe of their Country, whfen the Men who ufually oppofed them, had been the firft to flrengthen their Hands, and had pawned themfelves t® fupport them in it. They imagined that the private Intereft of the Miniftry would coincide upon this Occafion with the national Intereft, and flattered themfelves therefore that the latter might be purfued. They faw that in puihing a Meafure which the whole Nation defired, the Minifters ran noRifque, who they thought plight run fqittie in continuing, after all that had palled, to a£t againft it; but the Minifters thought otherwife, and we have feen hitherto that they judged right, They depended on a Referve they had often tried, and knew that the Court of J \oiiie is not the only Tribunal in the World.Where Abfolutions are to be had for Crimes, that it would not be fo eafy to obtain the Permiflion of committing. Thole who had oppofed their Meafures, and foretold the Conferences of them, Were willing to Jacrifice their Prejudices to the Publick, and to aflift afflft them to recover the Game they had loft abroad, as well as to acquire, in one Inftance at leaft, the Reputation of good.Government at home: But the Minjfters would focrifice nothing, not eventhcir Blunders ; to the Pub- lick. Whatever Pary they; took,; they thought their Power fecure, and this great Point being fettled in their Minds, they refolved to gratify their Humour and indulge their Habits, a- gainft the Intereft, the Honour* and the una¬ nimous Bent of the Nation. ; Let, not • this be called Declamation j or Invedive. It 19 a true Reprefentation of Fads ; what follows will prove it to be fo. The Sjimmer was fpent ip ■Inadion on our Part, for the Spaniards con¬ tinued their Depredations with, great Adivity, and the Winter has opened with the News that a Convention had been figned between the Crowns of Great Britain and Spain. The Contents were with great. Ipduftrycon- - cealed; it only tranfpired that fome Difficulties made by the Court of Spain retarded the Ex- ■ change of the Ratifications, ; and it was reported, :that thefe Difficulties related only to tfie Af- - fairs of the South Sea, Company, at that Time -faid to be included in .theConyention, The - Parliament was ,by rProejarnation ; appointed to meet; but when theappointed Day. came, it . was' further, prorogued; for ; a ;Fortnight, that - the, Expedient foundfor adjiifting the Difficul¬ ties which,bad,arifen-might-becarried into -Execution,,and the Conyention might be rati- -ffied, before, the Opinion ,of the Lords and.of . * ‘ the • . . . ' . ( 4o ) the Reprefentatives of the People Concerning it,' could be taken. ; •; • ' When the - Parliament did meet, the Con¬ vention remained ftili a Secret.: His Majefty’s Speech was indeed fuppded to contain an exadt Account of-it, and all that was to beexpefted from it, and Mankind Was furptifed to find no more. Limits, and other Reftraints on our Pofleffioiis, ; Trade : and Navigation had been talked of: And every Eodyexpedted that fome Expedient atleaft would, have been found, to curb the-Indolence of the Guar da Co/la’s. TliOfe who thought the worft of our Minif- ters expedted this. Rut there appeared no fuch .'Thing. ■ The Commiflaries appointed by the Treaty of SeoileJaaA. rendered a Reference to Coffimiffaries completely ridiculous NoMatter, a Reference was made again, but it was made this.Time to Plenipotentiaries,'and the boafted eflential Difference between tbefe and the for- mer was, that thofe were named by Commif- fion, but thefe by-the- Convention, which was by the Way, in point of Fprm,the lefs regular Method of the two; nor is it eafy to conceive why this Method was taken, unlefs we • fup- pofe that the Minifter’who had laid the Foun- ' dations of. much dirty Work, ■ by the Conven- : tiori' Was refolved to.fix the Execution of.it, : by the fame Convention figned,- fealed and • ratified, in Hands.'that^were fitted: for.it,- the. 1 Elands of two of his'Creatures, dittle, Men, who had filled the lo weft Forfos of Bufineis.in - that veiyCountryj wiio were quite unfit to irm- " ' " - - - pofc pole on the Pride and Obftinacy of the Spanijh Court, or toconduCt 'a Negociation of fo great Importance : The firft Men in Britain would have been but equal to it< As every Body expected that the infolent Depredations of die Gudrda Cofta’s would be immediately cheeked* fo Nobody I believe ex¬ pected that any Convention or Treaty would be figned* in which there was not fufficient, nor even plaufible Reparation of paft Injuries, nor any effectual nor feeming Provifion llipu- lated againft further Injuries of the fame Kind* Yet thus it was. A paltry Sum of Money was promifed ih Satisfaction, of paft Injuries* our Security againft future Injuries was referred to a fubfeqjient Negotiation ; and during the Term of eight Months given for this Negotia¬ tion, our Merchants were abandoned to the Mercy of the Spaniards, that is, they Were left to be Hopped, rummaged arid robbed as they had been for fo many Years before,. This appeared bad enough at a firft View j but it appeared ftill worfe at a feeond, when this Re¬ flection prefented itfelf, that by confenting to treat on the Spanijh Pretention,inftead of aflert- ing peremptorily our Right in Oppofitionto it* and by leaving our Merchants expofed to the lame Depredations during this Treaty, we fell again intp the fame Fault that the Minifter had perfifted in, before the Addrefles of Par- -liament arid his Majefty’s Anfwer; Whereas it was againft this very Fault that we expect¬ ed to be. fecured by thefe Proceedings, or . . G ell'c elfe We miifl: have expedted nothing frotn them. - In this Light the Convention appeared to every Man, who fuppofed it to be, what his Majefty in his Speech laid it was, and what it afterwards proved. The modeft Father of this Child continued however to own it, and to praife it. He publickly declared* That he had never read fo good a Treaty, that every favourite Phrafe was contained in it ; that the Captures made by Spain were confejjed to be unlawful •, and that then was not a Grievance id be nanted that was not to be redrejfed. Yet he ftill delayed to make it publick, or even to lay it before the Parliament, and in the mean time prevailed to have every Paper refufed that jvas thought neceffary to fet it in a full and clear Light; fome becaufe they related to Affairs not yet concluded ; others becaufe the Affairs to which they related were already concluded} fome becaufe* as he afferted, they were not neceffary to give Information j others becaufe they could be of no ufe to thofe who would approve the Convention ; and others again be¬ caufe they could only be of ufe in cafe the ;Convention was condemned. At laft this favourite Piece was produced -and publiflied, and the Perfon, who a little before had taken all the Honour of it to him- ■felf, began now to affume but a Share of it, tho’ he declared Hill that it was a good Trea¬ ty, and publickly affured the Gentlemen who thought otherwil'e,that they fhould be left at full Liberty Liberty to proceed on the Confideration of it in their own. It appeared very foon after¬ wards that fome Papers were neceflaryto give Information; that the Convention, as it was produced and publilhed, ought not to be con-: fidered feparate from an Aft which had not been produced nor publilhed; but was the Condition without which the King of Spain would not have confented to conclude and execute the Convention. When this ACt came unexpectedly to Light, it likewife appeared, that fome Papers, altho’ included in the Quef- tion, to . which a Negative had been given, would be of ufe to thofe who deligned to ap¬ prove the Convention; and therefore ExtraBs of Letters were laid before the Parliament, together with the Declaration figned by Mon- fieur de la Quadra relating to the South-Sea Company.'. Letters relating to the fame Sub¬ ject being included among, the Papers, after¬ wards called for from the South-Sea Company, and they prefen ting Copies of them, it then appeared, that tho’ ExtraBs might ferve to get the Convention approved, Copies endan¬ gered its Condemnation. Altho’ I would not be too minute in my Obfervations, nor defeend into any iinneceffary Detail, yet I thought this little tricking Ma¬ nagement, deferved fome Notice. No Artifice indeed was, negleCted, and all that could be done to conceal, to dilg'uife, . to palliate, and to divert was little enough j every Day brought new Objections, to light, and raifed a new Spi- i ; G 2 rif ( ** }■ tit againft die Convention. The Reference of our Rights was thought fliameful, that of our Limits dangerous; the Sum of Money promis¬ ed by Spain was,thought inconfiderable, and' the Sacrificing the Soutb-Sea Company was lookt upon as a moll ignominious Price for. a |noft difadvantagepus Treaty. The Friends of the Convention, or rather the Creatures of the Minifter (for Friends of the Conyejitipn even, among thefc I think there are pppej found that the more it was confidered, the lcfs it was approvedj and that pltho’ they then prevented it from being fully pxpofed, yet they could not hinder it from being univerfal ly condemned. How indeed could they, fince no Man could recoiled what he had expeded from it, and what the friends of it had confidently afferted to be’in it, without, feeling the ftrongeft Dilappoink ment, and the ftrongeft Indignation ? The Gentlemen within Doors whp had disapproved of the Cpndud which had brought our Rights into pilpute, and of this Meafure wliich was only pretended tobeexcufed by. the Situation in which we found ourfelves from thatCondud, exprefied no Impatience to condemn the Con¬ vention,heforeit had been duly confidered; and were defirpus to proceed in themoft folemn and deliberate. Parliamentary Manner, They were defirous to examine it &rticle>by Article j and to fet.the Whole and every,Part of.it in that full Light in which tfie Eautprs of it boafted that they defired it might be confidered Bui - ’ v - - n asfoonasthe Light began to mcreafe,- and the Turpitude of the Brat began tp ftrike every Eye, the Father of it began to think it was time tp remove this monftrous Production of Igpa-. ranee and Self-conceit, of narrow Views and narrower Sentiments, as foon as poffible, and as far as poffible out of Sight. He therefore, who had declared that fuch as were alarmed at the Convention, might prpceed ip their owp : Way to the Examination of it, now thought it neceffary that they ffiould follow his. He named the Day for cpnfidcring it, andinfi- nuated that the fame Day ffiould decide it. A Matter of this Moment to the Honour and Intereft of the Nation, was to be huddled up •ini one Debate^ a Matter thus complicated was to be decided in lefs Time than would have been fufficien t for a due Examination of any one of the Parts. But this was rendered impracticable. , The Merchants, the Planters, the principal trading .Towns, and the City of io»^»,prefented Petitions, reprefepting thein.- fecure Condition our Trade and Navigation was left 'in, the dangerous Confequences of not af? .ferting our: Rights,. and the Infolepce of the Spaniards x who in the very Ipft Summer had jnfulted us with freffi Depredations. The Mer¬ chants deffied tp be heard by theirCounfel, ffiis wa^ refufed both to them, and. to the .Owners of jin Englijt) Veffel, the. Matter of which was at ffiat Time a Prifoner in Spain. The Merchants were admitted however to be heard by ■ thepafelves, and Captain Vaughan^ ( 46 ; who had not otherwife been heard at all, ar¬ rived juft Time enough frbm his Spanith Jail, to inform the Houfe of Commons, that the very Spaniards made a Jeft of our Submiffion, and in Contempt called our Mariners the Gal- linas de la Mar, the Hens of the Sea, and that even the Tradefmen amongft them deferted their Trades to go to Sea, to hunt the Englijh. The Merchants having the firft Day with great Energy reprefented their Diftrefs and their Danger, the Second Day was fpent in exa T , mining, as far as the Time would permit, into, the (hort Account, on the Authority of which it was pretended that the Sum promifed by Spain had been accepted.' But the Particulars of the Treaty’were hot to be entered into Se¬ parately. The Queftion to approve or difap- provethe whole Convention was to be decided without Lofs of Time, andin a fummary Man¬ ner. A general Addrefs to the Crown was therefore propofed the very next Day. Three fuch Addreffes had been already voted on the like Occafions; gracious Anfwers had been re¬ turned to them all, and ftill the Grievance con¬ tinued, nay ftrengthned upon the Nation. But fomething was to be done, and what elfe could be done ? An explicit Approbation of this glorious Convention could not be expedted .from the moft determined; a feparate Exa¬ mination- of every Article it would not bear; oay an- Addrefs confined to the Convention it- felf, an Addrefs that Specifically and- diredtly approved the Convention might have piifearriv cd; or if it had been carried, they who had voted for it would have been left without any Colour to excufe themfeves, and to amufe or puzzle Mankind. Thanks to the Crown there¬ fore were the thin Leaf of Gold ufed to gild this naufeous Pill. Hopes and Affuranees were added that our Plenipotentiaries would obtain what in the Addrefs of 1737*8, had been pointed out to pur Minifters to infill upon, arid what they were fo far front having infilled upon, that it did not'appear j they had once demanded it. A Compliment to the Crown rather than the Merits of the Convention , be¬ came in this Manner the Subject of Debate, and though there could be no Room for fuch a Compliment on this Occafion, unlefs the Convention was a good Convention, yet even they who thought it bad one, caught at this Expedient of complimenting the Miniiler un¬ der the Vail of a Compliment to the Grown. The Houfe of Lords exprefled their Deperi- danCei that in the future Treaty the . utmoll Regard Would be had to the Rights of his Ma- jelty’s Crown and Subjeds. The Commons declared their Reliance, that the greatell Re¬ gard would be had to our Right6.and Pofief- -fions..; On . whom did; the one depend ; bn • whom did the other rely l on the King. But they, had always the fame Dependance and Rehance on his Majefty. They, had exprefled - it the Year before, when they addrefledto have • the Negotiation put . on the true Foot, and : brought to alhort Ifiiie by aflerting our Right • to to a free Navigation, and rejecting the impu¬ dent Pretenfion of the Spaniards to ftop.and fearch our Ships. What had happened lince that Time to give Occafion df renewing this Compliment to the Crown ? Had we afferted this Right? Had the Spaniards departed from this Pretenfion ? There was no Ground to af¬ firm the firft j and as to the laft, it-was noto¬ rious, that the Spaniards maintained the fame Pretenfion both in Word and Adtion, and that we had notonly oncemore fortified it,as we had done for fourteen Years together, but much more ftrongly than ever, by admitting it as a Matter of Treaty, after the Senfe of the Na¬ tion, of the Parliament,and even of the Crown, had beey declared againft it; for fo they had been: And the Addrefies of the two Hdufes, and the King’s Anfwers in the precedent Sef- fion meant this, or they meant Nothings Who had prefumed to adt againft this declared Senfe ? Who had prefumed to bring a Treaty before the fame Parliament that contradidted this Senfe, and was built on Principles repugnant to it, or elfe wasdefigried only to gain Time, and to continue with great Difhonour and Lois to the Nation the fame frivolous Nego¬ tiations, rather than interrupt the Eafe, ruffle the Mind, or endanger the Power of the Mi- nifter ? It was the Minifter himfelf, it was he who claimed to himfelf the Honour ot this Convention,and who had the Frout to make the Panegyrickofit, but a few Days before he knew it was to appear. Was the Dependance ? Was r ' thg the Reliance of the Parliament placed on hlrti ? Could it be expefted that he who had afted' like the Tool of Spain, after the Paflages of! the laft Year, Would aft like a Minifter of Great Britain this Year ? Could it be expefted that the Addreffes of this Year fhould be more regarded by him, than thofe of the laftYeaf had been ? And if they were not more regard- -, ed by him, what Dependance, what Reliance did Experience teach us that we ought to have ?' What Service could' the Nation expeft, on this, Occafion at leaft, from a Man who had avow¬ ed on the fame Occafion one of the moil dif- advantageous Treaties that ever was madejand who had by his Conceffions to Spain , put jt out of his Power even to fpeak the Language that a Britifo Miniftef ought to hold ? Tna fcandalous Conceffions that have been made to Spain in the great Point, that of her Preten¬ tion to. interrupt the abfolute and independent Freedom of our Navigation, may appear fuffi- ciently by the Deduftion already made. But , there are other. Particulars into Which it k proper to defcend, becaufe they are clofely, | connefted with this* and neceffary to fhew how Great Britain is infulted Abroad, and I arxiufed at Home in every Inftancej the fmall- ' eft as well as thegreatefl, The Spaniards had taken the Alarm upon a Britijb Colony being fettled, in Georgia , a Traft of Land lying between the Rivers Sa- rnnah and Allatamaha, to the South of Ca¬ ntina* A Fort. had formerly been built by ! H us . ( 5 ° ) U? on this laft River, oil aReprefentation from the Board of 'Trade Ihewing the importance of fecuririg oiir Polfeflibh of it. TheSpaniJh Minifter then in England had indeed com¬ plained, but our Minifters in thofe Days in¬ filled, and the Spaniards fubmitted. The Commander of the Fort however fome Years after, without any Orders for fo doing* deferted it, but his Condudt was difapproved, and Pof- feflion was again commanded to be taken. bn the Occafion of Mr. Oglethorpe's turn to Georgia in 1736, to eftablifh the Settle¬ ment there, the Spaniards once more com¬ plained * ofthe Fort upon the Allatamaha , and of lomeHoftilities laid to be committed by the People of. Georgia againft Indians under the Proteftion of the Spaniards. They went far¬ ther, they took this Opportunity of making a Demand not only of all Georgia, but of Caro¬ lina likewife, except Charies-Town, our Polfef- lion of which they were gracioully pleafed to tolerate. Our Minifters were fo far from in¬ filling, ashad formerly been done, on our Right even to the Fort complained of, that when whole Provinces Were thus demanded, they -p humbly offered to refer the Matter to Com- milfaries, although this was to admit, that an fndifputable Right washable to, difpute, and to give up a.Point on which former Minifters had fet the prefent Minifter an Example of. prevailing by perfifting. The Spanijh Court' > Lett. -^.September 2 Ofiober f September 3. 1737. , t7}fi affedted affe&ed to delay their Anfwer, At lafl * they informed our Minifters that the King of Spain had no Objedtion to the King of England’s fending Commifiaries to Madrid to adjuft this Dilpute, provided that the Conferences fhould riot continue longer than fix Months after the Nomination of the Commifiaries; and that during that Time neither Party Ihould occupy the Territories and new Forts built fince the Beginning of the. lafl: Century, which Forts were to be demolilhed before the! Conferences began. To this lafl: our Minifters juftly re: plied, that it was demanding-from the King, before the Commifiaries met, all that could be demanded of him after they had decided againft him. A Convincing Proof, by the Way, that they themfelves underflood our Right to whole Provinces, not the Queftion concerning their Limits only, to be referred to the Com- miffaries. However,being always willing to ne¬ gotiate, and never knowing how, nor feeling when they ought to decide, though they could not comply with this haughty- Demand of Spain, they offered to fufpend the fettling or fortifying the Colonies in Dilpute, and on this Condition the King oi Spain agreed that we might fend Commifiaries to his fublime Port, With Power to deterjriine within fix Months. .It was .pretended, that, by the Treaty of Utrecht., to which the Defe&s even' of-thi s Convention were to be aferibed, we had ftL pulated Ha pulated that, cur . Limits with the- Spaniards ihould be fettledj but the 8 th Article of that Treaty related mariifeftly, and even in the Opi¬ nion of our Minifters, to the Encroachments of the French. To this Article the Treaty of 1721 referred. But in the Treaty of S evile the adjufting Limits was inferted, among other Dilputes, in the Article appointing Britifh and Fpanijh .CbmmilTaries. So that among other Advantages which the Treaty of Utrecht pro¬ cured, and laid the Foundations pf procuring, and which the prefent Minifters, who have been'fp loud in railing at that Treaty,, have fcaridaloufly. given up, and pegledted to im¬ prove, this may be reckoned.. The Treaty pf JJtrecht opened.very wifely a Difpute concern¬ ing the Encroachments, of the French on the fSpanijh Colonies, The Treaty of Sevile open¬ ed very foolishly.. a-Difpute.between-the Spa¬ niards md us concerning the . Limits of ear (dim. Colonies. That the Difpute concerning the Limits pfour Colonies was thus firft open¬ ed appears farther from hence, that our Mi¬ nifters did not exadly know what .Limits Would be dilputed}. for in the Inftrudions given to the Commiflaries fent tp Sevile, they ufe this remarkable' Expreffion, 'f As to any Dif- putes that may be fubfifting, qr that may arife * concerning theLipiitsof the refpedive Dqt f irtinjons ip America, which fo far ashas yet * beep feprefenied to ps pay relate to thofe qf ^§bniyC(irplina, &c f the-Gommiflioners of l Jrat|e will furnUhyQuvyith Accounts.’ Scj V'v thsif; that the Article of - the Treaty of Sevile was not ihferted to adjuft old Difputes only,, but to open all our Colonies to the Claims of Spain , and all our Rights to the Difcuffion of Commifla- ries. I cannot help obferving likewile in this Place, that one of the Arguments In Favour of the Convention, was the Shortnefs of the Term, the Term of eight Months in which our Ple¬ nipotentiaries were to finiffi their Negotiation. This was ■ founded -very high as a confiderable Point gained by our Minifters, and it .ought 16 be founded as high for a grofs and mod noto¬ rious Mifreprefentation, fince it appears'from what has been faid, that when the adjufting the Limits was referred to ithe Plenipotentia¬ ries, it became a Demand of Spain that they Yhould conclude even within' fix Months. The other Difputes referred to them were foch as could not admit of two Days indead of two Months Litigation j or fuch as, if they rendered a Prolongation of two Months neceffary, fhould not have been referred to the fame Plenipotentiaries for the very Reafon that they required a tedious Difcuffion. Such Were the difputed Privileges of the Confuls, Vice- Confuls, and Merchants in Old Spain. Thus were our Pofleffions as well as Rights brought into Difpute, and yet the Minifters were faft- guine enough to hope, that by inferring; the particularly interefted inthofe Poffeffibrisffiight .be mduee'd uinder this -thin Vail of Crimp* rment to the Grown, to excufe the Condudt which brought them into Difpute by the Trea¬ ty of Sevile, and left them there by this Con¬ vention. The Expedtations of the Minifters were not difappointed. Let us not be furpri- ,zed at it. What Room is there to be furprized that fome Men fhould ferve the Turn of a .Minifter, when they can flielter themfelves under the leaft trifling Pretence, whilft fo many others are ready to ferve him at every Turn, without the leaft Pretence, and at the greateft Expence of their-Country? If the Convention deferved Cenfure, and the Minifter who owned it Punifliment, for what it did not determine, for leaving our Rights and Pofleflions .in Difpute, and in Truth for making them difputable, it was at leaft as li¬ able to Objection in the foie Point determined by it. The Dilhonour and Damage accruing to the Nation, by confenting to treat on the Freedom of oip: Navigation to and from the Weji-Indies , inftead of afferting it as explicitely and as ftrongly as we could aflert that of our Navigation to and from the Mediterranean , or in our own Channel, are indeed of much greater Moment,' than the Particular I am go¬ ing to mention, but this is. of Moment too, in Point of Dilhonour and Damage both. A bare Expofition of Fadt \yill juftify what I have ftid. The Ajjiento Contradt and the Convention pf .1716 being enumerated among the: hither -Treaties in the.firft Article pf this Converition, . -the the Difputes fubfifting between the South Sea Company aijd the Court of Madrid might feera to be referred to the Plenipotentiaries, and the rather, becaiife the Extracts of Papers which the Minifter fuffered to be laid before Parlia¬ ment were filent on that Head. But the Pa¬ pers produced by the Company fhewed, that the King of Spain had actually refufed to ad¬ mit any farther Negotiation concerning thefe Difputes, and that they were not referred, but determined in Favour of Spain, in order to obtain this Convention. It was indeed aflert- ed, That the Spanijh Declaration concerning the Company had no more Relation to the Convention than it had to the grand Alliance. But that Affertion was too daring for any Bo¬ dy but the Grand Affertor to make. His very Friends difbwned it, and the Shame of it was left upon himfelf, and the Declaration was ad¬ mitted by all, to be the Condition of our obtain¬ ing the Convention. The Court of Spain had for fome Time in¬ filled that the Dollars payable by the Company for the Duty on Negroes imported into the Spanijh Weft-Indies, fhould be paid at a higher Price of Exchange, than the South Sea Com¬ pany thought could be juflly demanded. That Court had likewife infified, that the King of Spain's Share of the Profit of. the lafl annual Ship, which the Company had fent to Ame¬ rica, with European Goods, fhould be immedi¬ ately paid, and upon the Company’s not com¬ plying. a. Cedula for apother annual Ship was . ? , refufed refufed them. On the other Hand, the South Company demanded of the King of Spain , that their Effeds amounting to a great Value, feized on feveral Ruptures between the two Crowns, and detained by his Officers id Ame¬ rica, Ihould be reftored. Other Diiputes had likewife arifen, but they were Of lefs Impor¬ tance, and rather Difficulties thrown info the former Difputes, than Matters that of them* felves required a Convention to fettle them. The South Sea Company therefore agreed K11737 -f- with the Spantjh Minifter at Lon¬ don, upon a Plan for adjufting their principal Differences with the Court of Spain. This Plan Was-approved by his Majefty here,, and fent into Spain, to be ratified. By this Plan, the South-Sea Company, upon a previous Con¬ dition that the King of Spain fliould fettle the Account'of their reprefaliated Effeds, and or¬ der .the-Payment of the Balance in a Time to he limited, to the Satisfaction of the Company, - confented, on their Side, to fettle the Account of the Negro Duties at! the high Price de¬ manded, and to pay to the King of Spain his quarter Part of the Profit of their laft annual Ship* it being underftdod that the Company ihould for the future haye full Cedillas for their annual Ships. Some Time afterwatds | am explanatory Plan was likewife fent into 1Spain,- containing the particular Methods by which Satisfodion ihould be given to the Com* t 30. 1737 . | Die. il. 1737# m pany for their reprefaiiated Efleds, and the Lois they had fuftained by the Interruption of their annual Ships. Upon thefe Foundations a Negotiation was. for iome Time carried, on* and in Confequence of it Cedulas for Reftitu- tjon of the Company’s Effeds were font from Spain. The. Company, finding in f thefe fome Claufes repugnant to the Plan, in Confequence ©f which, they were granted/ returned them to their Agent at Madrid , pointing out the Alterations they expeded. And the Anfwer * they received from him was, ‘ That the ‘ King of Spain finding that all their Agent 4 was authorized, to do, was to receive new * Advantages, inftead of complying with his ‘ juft Demands, his CatholickMajefty had ta- * en the Reiblution to reforve his Right to lufo ‘ Ipend the Cpurfe of the Affiento Contrad, ‘ in Cafe the Company ihould hot pay within ‘ a lhort Term, the 68,000 /. which they con- * feffedto.be due, on.account of the Dollars ‘ and Profits of the Royal Caroline which Right, fays Mr .Keene, he has adually reforv- ed, by fending me a Declaration to that Ef- fed, antecedently to the Signing the National Convention, ana without which he would not have proceeded to the concluding and executing an Infirument Jo necejfary for preferring the publick Tranquillity, and re-eftabliihing an ufefuTandJafting Friendfliip ’between the two Crowns. In the Sequel of Mr ■t Off, i 9 . 1738, * 1730; Keene I Keene Mentions Reafons on which the King of Spain had taken this Refolution, and which Were not hard to hud; as well as an Expedient he himfelf had thought on, that had no Ef- fed. How indeed lhould it? The King of Spain had another Reafon, and another VieW, : Which Keene faw, no doubt* and feems to have- favoured. Tho’ the Kingof Spain had deter- . mined to rejed the Alterations, propofedby the Company, to the Coneeffions he had offered, there was no need of fuch a.ludden Declara¬ tion of a Refolution to referve his Right to fufpend theCourfe of the Affiento, in erne the Company did not pay Within alhortTerm the 68,000 l. due on'account of the Dollars and the Profits of the Royal Caroline. But- a pre¬ cipitate Declaration of this Kind was proper and exceedingly well timed, if the King of Spain intended to make his Advantage of the Neceflity our Minifter was under of haviiigfome Gewgaw to Jhew to amufe Mankind, and to get over -another Seflion, the ultimate End of all his .political Projeds. The King of Spain might exbed very reafonably that he fliould compel the South Sea Company , by this Me¬ thod of proceeding, to pay the Money he de : manded from them, without being obliged to pay-thatwhich this Company demanded from him, or to give any other Security for the Paymentof it, than the Profeffions with which Keene endeavoured to amufe ; them. To bring this about he might think that nothing more Was neceflary than-to declare in the Body of the the Convention, or in the Ratification-of it, that he appropriated this Sum of 68,000 /. to be Part of the p 5,000 1 . which he ‘agreed to pay in Satisfaction for the Depredations committed on our Weft India Traders; and that if the Company refilled to advance it, he would ex- ercife the Right he had referved of Append¬ ing the AfTiento. That he took this Method I ihakeno doubt, fo -many Cireiimftances con¬ curring to eftablifh the Opinion. Intelligence from Abroad, and Reports at Home, had led Men to • believe that a Convention had been figned at London in the Month of September, and thus jnucK I believe was owned at firft; but then it was faid that theSubftance ofluch a Declaration as I have mentioned was con¬ tained in the Spantjh Ratification of this Con¬ vention ; and after this there appeared the ftrongeft Affedlation imaginable of denying that any fuch Convention had been figned. And when the Parliament met, a Convention fig;ned in S fain in the Month of January was produced, with a Ratification in tlie common form. By this Expedient a Declaration which Spain had made, and they accepted, which was to have the Effedt of a Defeazancy, arid which was as valid toall the Purpofes of S pain as any other, appeared neither in the Conven¬ tion nor the RatificationV A moft ingenious Expedient truly,, andwofthy of pur Miniftef, tho’ fome Part-of the Honour- may be due, perhaps, to that able Statefman his Brother. • But then-the Communication of -this Dcelara- ■* j-' I 2, ■ ; ' tioii . ( 6 ° ) tion by the Spmijh Minifter to the South Sea Company, Toon difcovered the dirty Secret. A dirty Secret it was, and dirtily carried on, nothing could be more partial, more unjuft, or more tyrannical than the King of Spain’s Declaration. In order to make a trifling Re¬ paration to fpme of qur Merchants who had been plundredby his Subjeds, he declares his ■Royal Will to plunder lome others of them ;himfelf; for to oblige theS auth Sea Company to pay his Demands without any Security for ; his Payment of theirs, is to plunder and to rob. He preferibes a Ihort Term for the Pay¬ ment to be made by the Company, and gives himfelf a Delay of four Months, inftead of two, which were laid to have been given him by the firft Convention; in fhort, if his ar¬ bitrary Demand be not complied with, he threatens, an open Infraction ol the Treaty of Utrecht. To Ibften this the Minifter had ar¬ retted with his uliial Veracity and Modefty, . that the South Sea Company might ftill pro- - ceed to negotiate at Madrid , and that their Negotiation at that Court had been flopped only for want of their full Powers to their Agent. But this' AfTertion turned to his im¬ mediate Confufion, for it was immediately : proved to his Face, and even by Keene’s Let¬ ter', that the King of Spain abiolutely relufed to treat any longer with the Company, and infilled that they fliould advance the Sum of Mopey, which, by the Way, they had never ftwpsft tp be due, buthad offered as the Prise : , • •. of • ( 6i - ) of obtaining Juftice from this Prince. By ac¬ cepting this Declaration the South Sea Com¬ pany, was given up, and left at Mercy, the Convention- was ratified, and the Minifter, With whofe Privity and.Confent the Spanijb Declaration had been made was avowed. Iii order to 'palliate the Sacrifice that was made on this Occafio'n of common Senfe, fomething was. to be faid, and weak as .that was, it lliau be mentionid, that no Partiality, no want of Candour may be objeded to this State of the Rife and Progrefs ofourDifputes with Spain, and of the Conduct of our Minifters. It was faid then, that the Declaration relerved only the King of Spam’s Right of fufpending the AfTento Contract, in Cafe he had any luch Right, and that otir accepting of it gave him no new Right. But if our Minifters denied that Right, nothing could be more ridiculous than accepting the Declaration.. Either this Acceptance was the ineaneft Trick to amufe the Court of Spain, or was the loweft Quib¬ ble to impofe upon the Britifl) Nation. Was the Right of lulpending the Aifiento openly denied ? if it was-not, the Nation, in whole Place the Company flood, was notorioufly be¬ trayed. . If it was denied, the pilpute then muft have been given up on the one fide or the other. Had the Spaniards yielded, the Decla¬ ration would not have been made. Had our Minifters yielded,; the Declaration would have been made, and it would have been concealed, jt was made, it was concealed ; thq only Rea- C 61 ) fen therefore we have to doubt whether our Miriifters yielded up our Right or not, is ihat it does not appear they ever aiTerted it. . It was innlred upon farther. That the Sti¬ mulation of 95,000/.to be paid by Spain, be¬ ing in the Body of the Convention, the Court pf Spain flood engaged to pay that Sum, what¬ ever the South Sea Company determined upon the Declaration. The Engagement of the 'Court of Spain was, by the Convention, abfo- :Iute, no doubt. That could not be denied. But it is as true,, that if we luppofe notwith¬ standing, the juft Grounds of iufpeding the contrary, that ourMinifters did not agree that the 68 ,000 1 . ihould make .Part of the Spanijh ■Payment; yet it is evident, that as far as in themlay they favoured the Court of Spain in her imjuft Demand on the South Sea Company, gnd fufFered her to threaten, that ihe would .punish the Company by violating her Treaties with the Crown of Great Britain. - The -Nation then, although the. South Sea . Company did not comply, was to be paid the large Sum of 95,000 /. This Sum was turned every way to do. Honour to the Convention. -If was all we had obtamed, and therefore it • was . every thing we wanted. It was paying iCofts of Suit; it \vas a rGonfeffion that the -feizihg of our Ships was an Injury.; it was full and ample Reparation for all the Lofles ofour ilVIereihants; and it was an.Rarneft, that ituthe .faturc'Negotiation the Spaniards would refute -ns 'tiothing. the yery Titpe when, the Spaniard* Spaniard* granted this, they muft have refufed. us fomething, or our undoubted Right to. a. free Navigation muft not have been af- ferted by our Minifters. If it was. afferted,- and not granted, lomething had been denied, us, fomething that Would be denied us.again;, fincc, befides other ReafonS that encouraged the Spaniards to deny it, they knew by Experi- > ence that the Depredations of one Summer? Would more than reimburfe them for the whole Sum they advanced. But-befides,'it had more than once appeared, that this fiippofed. neccflar y Connedtion between the Promife of Money and! the Acknowledgment of Rights hadno Foundation. The Spaniards had,for¬ merly offered to compound fot their paft De-, predations by a grols, Sum. That offer.indeed: came to nothing, nut this was occafioned only, by’a Sum, in their Opinion too large, being, demanded. Every Cedula granted by Spain foe Reftitution of any particular Capture, it matters notwhether obeyed of not, wasftill a ftronger, Confeffion than any thing in the Convention could be.' But neither the Spaniards nor our. Minifters had ever eortfidered thefe-particular- Cedul’s as Confeflions of the Injuftice of the Spanijb Prctenfioff in general. An implied Confeflion of th^t kind, if it was one, was therefore not a new thing obtained by the Convention. But there is evidently no Pre¬ tence to fay that fuch a Confeflion was eVen implied. LbeSpaniards maintained their Right tomake Captures, but confented to pay for jforfiich as wfere made unjuftly*. that is, Cap* ture to. which their Pretenfton did not extend. Nay if an implied Confeflion had been offered by Spain, it fliould have been rejected with Scorn, as a mean Subterfuge to avoid an open Acknowledgment of the Rights of the Nation. That full and ample Reparation was obtain¬ ed for our Merchants, was not long infilled upon ; it 'could in no Light be fupported. The Lofles by the very Account given in to juftify the Convention amounted to 343,1771. ■ Sterling* and by other Accounts to above 400,000 1 ; To fatisfv this Demand all that was obtained from Spain was 95,000 1 . The remaning Sum of 148,277 1 . muft. therefore be either paid by ourfelves.ox deducted from the Account; All the Demands that the Spa-, liiards oh the other Side could form again!! Britain by an exorbitant .Computation did not exceed 180,000 1 . And. even allowing them that.Sum, the Balance payable to Bntainby Spain would have, amounted, according to the Accounts to 163,1771. initead of ,95,000 1 , But as their Demands could not juftly exceed 60,000 1 . the Balance due to us would have been 18 3,1771. . Our Demands therefore Were under fome Pretence or other to be reciuced. And for this purpofe it was faid, that 100,000 h would fa- tisfy every Claimant. But when the Reafons for this vaft Deduction of 143,177 b were dej manded, it was anfwered, that many Claim¬ ants were hot to haye Satisfa&ion; that all ;“ . Demands Deminds for Ships' taken in Time of Wdj? Were ftruck Off, all Claims over-rated were reduced^ and -foirie Claims riot made out wire rejefted. But no Accpunt was pretended to- be given, by What Rule the Deduction had been made, -no Lift of the Sufferers by it Jiad been taken, nor had any; Notice been given to atiy one Sufferer that his Proofs were infufficieht \ fo far from it } that when, upon the Report of a Convention being flgried, a Sufferer demand¬ ed whether he was included among thofe whtf were, to receive Satisfaction, he Was told, Thai . it was not known whether he Was, or was ridf* It was confeffed at laft, that the-Money to be paid,. Was to be divided among fuch SofferetS aS fhould find Favour in the* Eyes of Com-* miffiofiers to be-appointed by- otir Minifter. However the Reduftion Of our DerharidS to 200,000 /. waS riot yet found fufficierit* As the Father of the Convention laid the firft Day, the Account- WaS to be adjrifted by ac¬ cepting fomething /e/r than was due. to ar, arid giving the Spaniards fomewbat more than WaS due to them. ' The Sum of 60j©6o t, was therefore admits ted to be owing by Britain for Loffes fuftairieri by the Spaniards ; and this Sum was to bi given to our. Merchants to coiripleat the whole Sum that was to be paid them for their Loffes* By this Allowance the Spariijh Ships taken in a y r 8j although-fin Time of War, Were to be paid for. It had been agreed by the Treaty of 1721, to reftorfe thefe Ships to Spain in the Condition they then were,-or the Value of K " fuch ( 66 ) fuch as were fold; and by the fame Treaty the Ships and Effe&s taken from the Britijh Subjects, in Time of War, were agreed to be reftored. , After the Rupture of 1726-7, by the Trea* ty of Sevile ■■ 1729, the Examination of what concerned the Britijh Ships taken before the Peace, as Well as the Spanijh Claim for the Ships taken in 1718, was referred to Commif- faries. But they never making any Report, our Minifters were left at Liberty to ftrike off the Britijh Claim for Ships taken in War, and to admit that of the Spaniards. And even their Demand, thus admitted, remained over¬ rated, by allowing to the Spaniards the. Value of the Ship Ifabella , although they had taken the Ship hetfelf from Britijh Merchants, who had bought her from our Captors, and fitted her out at a great Expence. She was indeed one of the Ships of War taken from the Spa¬ niards in 1718, but was afterwards left in their-Hands at Cadiz, as foon as they claimed and feized her; and iince they had got the Ship, it was ridiculous to allow them the Price of her likewife.. The Britijh. Purchafers muff haye been fliamefully wronged if not re-im* burfed the Money the Ship had coft them, and it. was an extraordinary Conceffion to Spain', to re-imburfe. them without deducting the Sum from the Spanijh Accompt. , : The 343,277 /. being, by thefe Allowances, on one Side, and Deductions on the other, reduced- to 140,060 /. to be paid by Spain, this Sum was ffill too large to be obtained. AU . ( b ) All we were to expedt was 95,000 /. another Dedudtion therefore was to be made. And accordingly 45,000 /. was ftruck off; which was laid to be done under Pretence of prompt Payment. After the Spaniards had for many Years injurioufly detained the Ef- fedts of the Britijh Subjedls, the Britijh Mi- nifters ftipulate that fo large a Sum lhall be given, as an Inducement, to thole who had robbed us, to make fome Reftitution. The Uncertainty pf the Payments in the Weft- Indies, and even in Old Spain, was urged to excufe this Defalcation. But no Reafon was given why our Minifters had not obtained a Promife of 140,000 /. as much to be relied on, as the Promife of 95,000 l for which they claimed fo much Honour. The, Uncer¬ tainty of. the Payments was not Purely an Argument ufed by the Spaniards, It mult have been, by the Nature of it, fuggefted by our Minifters. An Offer of fo large an Abatement for a Difference fo immaterial in the Opinion of the Spaniards, who fuppofed that both Pay¬ ments were equally certain, mult have been made by our own Minifters; and by fuch an Offer, they Ihewed as much Unconcern for the pall Loffes of bur Merchants, as they had Ihewed for the future Security of our Trade. This laft and capital Error in the Conven¬ tion, no Gunning could lkreen. That there was no Stipulation of future Security to our Trade was-admitted. The Objection that our Minifters had not complied with the Addrefa of ( 68 } ef Parliament effeRually to convince the Court of Spain that his Majefty would no longer fuf- fer thefe Depredations, remained unanfvvered, nay confeffed. How could it be denied, lince the Depredations were not even to be fufpend- ed ? It appeared that the Convention, once that belt of Treaties, that glorious and final Determination of all our Difputes, was now become no more than a Preliminary. In 1727 we had Preliminary Articles, in 1728 a Pre¬ liminary A< 3 , in 1729, as to Britain , a Pre¬ liminary Treaty; in 1732 a Declaration ancl Preliminary Commiflaries, who were to have made a Preliminary Report, and now in 1738-9 we had obtained a Preliminary Convention. The End of all our Preliminaries to 1730 had been by a Silence upon our moft undoubted Rights, to get out of the Hands of the Spa¬ niards the South Sea Ship the Prince Frede¬ rick ; the End of all onr Negotiations fince has been to purchafe by the like Silence an incon¬ siderable Sum of Money for our Lofles; fo that it appears as if our Minifters had in their whole Conduit confidered the moft valuable Rights of the Nation, only with a View to the Price for which they could be fold. If tire Convention had been confidered merely as an Effedt of the Proceedings of the former Seffion of Parliament, and if the finglp point of Deliberation had. been, whether in Purfjancepf the Addreffcs Reparation had beep afitained, and fuch Preliminaries agreed to, fop the pther Point, as were, agreeable to Juftice, Prudence Prudence and the Honour of the Nation, to which fame Perfons infilled that all Debates concerning it ought to he confined; Even in that partial Light we have leen that it would have appeared extremely defedive., But furcly the proper Heads of Cpnlideration, and thole which occurred to, every Man who was, it) earneft, folicitou? for the Intereft. and Honour pf Great Britain, were of a larger Extent and higher. Nature. They were thefe, in Ihort, Whether it was not criminal, ruinous and dif. honourable to agree tq any Preliminaries, until an undifputahle, plain and effential Right was afferted; until Juftice for Cruelties as well as Reparation for Damages was obtained, and until a Pretenfion unfupported and unfup- portable, the Child of the Weaknefs of our Minifters, the Shame of our Country, and the Ruin of our Trade, had been disavowed, given up, and more exprefly retraded, than ever it had been afferted. Whether it wasnqt criminal tq fign a Treaty, without obtaining a Condition, which the King and the Parlia? ment had pointed out to be the great Objed pf the Negotiation.; a Condition to be. infilled upon, not to be referred to Difcuffion; 'a Con- dition that could hot be delayed without being refilled, and pn the Refulal of which the Na- tion had .engaged to hipport the King in what- ever Ihould he neccffary to vindicate his hour and ^ffert their Rights: Whether it pot, ruinous,^to refer a Riglatto bedifcuffed fj&t. $!?‘ iiftyaiiclated.. fey intc^ >•*; 'v-; piipute, • I 7 V / ■ .. Difpute, and to permit that while the Plenipo¬ tentiaries debated, the Spaniards Ihould conti- pe Depredations, long before this time be¬ come intolerable: Whether it was not dilho- nourable, to accept of any implied, fuppofed, forced, or elufive Acknowledgment of a Right which our very Minifters ought to have blulh’d to fee difputed, againft a Pretenfion long ex- ercifed, openly avowed, formally demanded, and refolutely infilled upon, fuppofing fuch an Acknowledgment to have been fairly deducible from theTerms 0f the Convention, as it was not. It was infilled in Gppofition to fuch Que¬ ries as thefe, that our Right tq a free Navi¬ gation is not referred to the Plenipotentiaries. Vain and contemptible Subterfuge! Ip this Right aflerted? Do we enjoy it ? or do the Spaniards even fufpend their Depredations ? It was laid, that to have llipulated a Sufpenfion of Depre¬ dations, would haye implied a Right in the Spaniards to commit them: Abfurd and fcan- dalous Quibble. Is it declared that they are unlawful? Or an our Merchants conti¬ nue their Trade with Security ? Was the fuf- pendingour Settlements and Fortifiations in Georgia and Carolina confidered by Spain, who demanded fuch a Sufpenfion, as implying our Right to continue them ?: Or was not the very Reverie of this true? And has not the Practice of all Ages and all Nations been conformable to. what I aflert ? Some grat Logicians at¬ tempted; by drawing the Words vifitiiigof 5 '/&;/>r, &c. from one Sentence, arid coupling them them with CareJhouM be taken to put in entire jlop to them , which related to the WordD;/-* ferences in another, to form a Sophifm fit for our Plenipotentiaries to ufe; But to chicane about Wordsand Expreffions in the Preamble ot in the Body of the Treaty was to treat Mankind at Home j as the Spaniards treat the unhap¬ py Britijh Subjects who fall into their Hands in Americai Thefe are mockt with the Form of a Trial, of Pleading, of Evidence, and of Judgment Is the Nation to be mockt with implied Stipulations, with' Conftrudtions,- Pre- fumptions, and, quibbling Diftinftions ? There is no doubt, that with much grammatical Pains, and treating the Convention like a Will in the Court of Chancery, a Man may be- 1 wilder himfclf in fuch a Labyrinth of Words^ that with equal Foundation he may impofe any Senfe on any Article in it. But is this affertitig our Rights ? is this fecuring the Free* dom of our Navigation? is this complying with the Senfe of Parliament, or obeying the Order of the King? For in Duty to him we muft fuppofe that.his Orders were agreeable to his Anfwer given to the Houfes, tho’ the Execution of them was not. j In lhort, did this anfwer the juft Expectations of the .Na¬ tion? it will not, it cannot be faid. The In* tereft of the Nation could not have been fo iacrificed, if it had been.' at all confidered: Our Minifters could., not have forgot the Dif- putes that arofe upon the Preliminaries. iit 1727, by fuch. another mean. Acceptance^ ■I i an implied Acknowledgement of Rights that fliould have been openly aflerted.. But fome- thing was to be faid.. The Trade of the Na¬ tion could not be avowedly given up-; and People mull be diverted from confidering whether it was lb or not, and for whofe Sake this Convention was made at the Expence of our national Inlereft and. Honour. This being the Sum, Subftance and Strength of the Debates of > thole,..who, confcious to themfelves that they could not juftify the Convention directly, hoped to cover it, and to impofe on Mankind by: playing between the Addrefs and the Convention, and by pleading for the one, when they could defend the other; it feems unnecelTary to enter much' - farther into ' their Arguments. And yet forae of them deferve Notice rather for the Refledtions they fuggeft,' than for their own Weight. Two of them I mull men¬ tion, .and they were Tuch as could have no other Effedfc than that of provoking Hill more Indignation againft the Minifter. A fuppoled Delign of diftrejjing ! the ~ Minifter, by- objec* ting to his Negociations with Spain, and to .the Fraits of them in' this Convention was -urged with great Vehemence. • It is hard to •lay which is the greateft, the Abfurdity of the i Argument, or the Indecency of thofe who •Urged it, or: the Inlblence ef him who fuf- fered it to be urged. If the Treaty could be juftified, the Minifter had no Diftrefs to Vfeai* if it could not, he defer ved .to be re- duced to the utmoft. If it may be fuppoled, that there are Men willing to diftrefs him at any rate, it is evident that there are Men wil¬ ling to fupport him at any rate; and in the prelent Caie, as the national Intereft could . not be aflerted and maintained without the Condemnation of his Conduft, it may be laid, that there were not wanting thole who chofeto expole the national Intereft ftill far¬ ther, rather than not skreen theMinifter. Another Argument,founded very high,and employed to the fame purpofe, was. That the Queftionwas reducible to this Angle point: Whether we lhould have War or Peace with the Spaniards '* that a War with Spain would draw on a War with France, and that the ill Condition wherein the Nation was, ex- haufted at Home and unally’d Abroad, was therefore afufficientAnlwer to thatQueftion. This Ailment, ifit proved any thing in the prefent Cafe, proved our State to be much more miferable than the greateft Enemies of theAdminiftration ever reprefented or ima¬ gined it to be. If we are utterly unable to re - lent Injuries, and toaflert our Rights in this Cafe, we are unable to do fo in any other, and it will follow that we have been brought by the very Minifter thus defended, from being one of the moft confiderable Nations in Eu¬ rope,to be the pooreft, the weakeft, and the ■moft contemptible. It is true, no doubt, that we are brought very, low, andmav ,in;a ftort timebe brought by the fame Hands to as . ( 74) as low a Condition as that in which we were reprefented to be. But there is a Remainder of Wealth, there is a Remainder of Strength, there are Sparks of Life and Courage Hill a- live in Britain-, and whenever her Intereft ceaies to be iacrificed to the Intereft, Hu¬ mour, or Miftakes of the fame Minifter, that Wealth will be found,’ that Strength will exert itfelf, that Life and Spirit will flame out. But farther, admitting that it was evident, that wemufthaveaWar with Spain, or give up our Rights to her; what had encouraged Spain to attempt luch an Uiurpation at the Rifque of a War, and a Maritime War too, with Great Britain , fo much as the timid and mean Condutft of our Adminiftralion, from the Hour he came to the Head of it who is ftill there ? She has proportioned her Inlults to our patience, and the more we have bom the more we have been bul¬ lied by her. Might flie not be elated enough at lull to hope, either that we Jhould fiufier her Dfiurpation to be fixed upon us, rather than engage in a !f 'ar with her, or elic that the War would be waged under the Direc¬ tion rfithe Jame Councils, whole Want of Ability and ofVigour ft.e had long experi-' enced, and whole Efforts lhe could not therefore apprehend ? That ftie has been difappointed in the firft ef tbefe, lhe herlelf attributes in her Mani- ' feftq fefto to the Cries of the'People. That ihe may have caufe to apprehend our Efforts in vtheWar,we may hope from the Spirit, and from the Weight of the fame People. The want of Ability in our Minifters perhaps is not to be denied, is not to be concealed. Tho Spaniards have leen it, and this Nation ftill groans under the Effcds of it. Tho’ this be certain, yet may vve hope for Succefs in the War from the Ardour of the King, and the Force and Reioiution of his People. We know the Juftice, we know the Impor¬ tance, and We are willing to fubmit to the neceflary Burthens of the War. Wc fee, we have declared what ought to be acquired by it. An explicit Acknowledgment of ourRights is neceflary in point of Honour; an eff'edual, a real Security for- the Freedom of our Navi¬ gation in the Seas of America, is neceflary in point of Safety. S panijh promifes, Cedulas, and Treaties have Been found vain and frivo¬ lous Amufements. A commanding Force in thole Seas can alone fecureus. A Harbour, a Settlement, a Colony can alone conclude our Difputes, aflert and preferve the Rights of Great Britain, and prated theTrade even of Spain, Alice file has confefled that ihe is not able herfelf to fecure her Trade, without com¬ mitting the grofleft andmoft intolerable In- fults on other Nations . Thefe the people ex- ped, thefe they demand, and to theie they have a Right.They have a moral Certainty of Succefs too, iftheir Treaiure, if their Valour, .. it . 07 $ ') iftheir Spirit be; properly applied, if the Honour of the King, and the Intereft of the Nation be alone comulted.. '* . Nothing can difappoint their Expe&aticns, but the lame pufdlanimity, the lame profufi- on, the fame Mifmanagement, that have lavi- fiied and confumed the Fruitsof a twenty Years, peace. .Should the War be confidered only as it affords Opportunities and preten¬ ces to multiply Offices, to encreale Depend- ance, to accumulate Influence, it may be ren¬ dered yet more ruinous, more ignominious than thepreceeding Negotiations; and the Methods neceflary to iccurc Indemnity for fiich a Condud, muff icaiter the Remains of pur Conftitutiou. £ 1 N I S.